DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Virgin Australia Regional Airlines Pty Ltd
(AG2019/1913)

VIRGIN AUSTRALIA REGIONAL AIRLINES PILOTS’ ENTERPRISE AGREEMENT 2019

Airline operations
COMMISSIONER LEE	MELBOURNE, 20 JUNE 2019

Application for approval of the Virgin Australia Regional Airlines Pilots’ Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Virgin Australia Regional Airlines Pilots’ Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Virgin Australia Regional Airlines Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Federation of Air Pilots and Transport Workers’ Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 78.2 – Redundancy Pay

• Clause 80 – Personal Leave

However, noting clause 90 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Virgin Australia Regional Airlines Pty Ltd, applied to the Fair Work Commission for the approval of the Virgin Australia Regional Airlines Pilots’ Enterprise Agreement 2019. The applicant sought to have the agreement registered under the Fair Work Act 2009. The nature of the dispute centred around whether the proposed enterprise agreement complied with the legislative requirements and whether it provided for fair terms and conditions for the employees.

The key legal issues that the Commission had to decide included whether the agreement contained all the mandatory terms and conditions prescribed by the Fair Work Act and whether it was free from any unlawful content. The Commission also had to consider if the agreement met the procedural requirements for registration, including whether it was made in good faith and whether the appropriate bargaining representatives had been involved in its negotiation.

The Fair Work Commission found that the agreement contained all the mandatory terms and conditions as prescribed by the Fair Work Act. It was also determined that the agreement was free from any unlawful content and met all the procedural requirements for registration. The Commission concluded that the agreement had been made in good faith and involved the appropriate bargaining representatives. As a result, the Commission approved the application and registered the Virgin Australia Regional Airlines Pilots’ Enterprise Agreement 2019 under the Fair Work Act.

The final order of the Commission was that the Virgin Australia Regional Airlines Pilots’ Enterprise Agreement 2019 be approved and registered. This decision ensures that the terms and conditions of employment for the pilots are legally compliant and recognised under the Fair Work Act.

Virgin Australia Regional Airlines Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established